A Treatise on the Specific Performance of Contracts: As it is Enforced by Courts of Equitable Jurisdiction, in the United States of AmericaBanks & Bros., 1879 - 587페이지 |
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89개의 결과 중 1 - 5개
xii 페이지
... written contract ................... Second . Mistake , when set up by a defendant to defeat a specific performance ... written con- tract on account of a mistake by one or both of the parties , 246-258 1. Where the written agreement ...
... written contract ................... Second . Mistake , when set up by a defendant to defeat a specific performance ... written con- tract on account of a mistake by one or both of the parties , 246-258 1. Where the written agreement ...
41 페이지
... writing . ( 1 ) SEC . 31. There are argreements which the common law , by virtue of its own doctrines , irrespective ... written . I think the proposition is too broad , and is based upon a mistaken notion of the foundation of the rule ...
... writing . ( 1 ) SEC . 31. There are argreements which the common law , by virtue of its own doctrines , irrespective ... written . I think the proposition is too broad , and is based upon a mistaken notion of the foundation of the rule ...
81 페이지
... written or said becomes immaterial . " ( 3 ) Whenever , there- fore , the transaction has not passed beyond the condition of negotia- tion or treaty , there can be no specific performance . And if it is left ( 1 ) R. S. of N. Y. v . 2 ...
... written or said becomes immaterial . " ( 3 ) Whenever , there- fore , the transaction has not passed beyond the condition of negotia- tion or treaty , there can be no specific performance . And if it is left ( 1 ) R. S. of N. Y. v . 2 ...
82 페이지
... written instrument which sets forth , in a formal manner , the terms of the agreement , there can hardly be any doubt or difficulty as to the fact of its actual conclusion . The practical questions connected with this branch of the ...
... written instrument which sets forth , in a formal manner , the terms of the agreement , there can hardly be any doubt or difficulty as to the fact of its actual conclusion . The practical questions connected with this branch of the ...
83 페이지
... written memorandum of an agreement . ( 1 ) The offer is , while it remains such , completely under the control of the person who makes it . SEC . 61. How may it be terminated ? —The proposal may be ended by a withdrawal ; by a refusal ...
... written memorandum of an agreement . ( 1 ) The offer is , while it remains such , completely under the control of the person who makes it . SEC . 61. How may it be terminated ? —The proposal may be ended by a withdrawal ; by a refusal ...
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자주 나오는 단어 및 구문
accept action at law acts agreed agreement Allen applied Barb Beav binding Blackf breach C. E. Green chattels circumstances cited compel compensation Conn convey conveyance court of equity covenant damages decisions decree a specific defect defendant delay Dessau doctrine equitable remedy fact formance Freem Gill granted Gratt ground H. L. Cas Hare Harris held Iowa Johns jurisdiction L. J. Ch land lease legal remedy Lord Lord ELDON Lord HARDWICKE memorandum ment N. J. Eq Ohio St P. F. Smith Paige parol evidence party payment plaintiff possession principle provisions purchaser R'y Co reason refused relief rule Russ Sandf sell specific execution specific performance specifically enforced statute of frauds stipulation subject-matter sufficient suit tion tract ultra vires vendee vendor verbal contract Vern Watts Wend Wisc
인기 인용구
104 페이지 - In the following cases the agreement is void unless the same, or some note or memorandum thereof, expressing the consideration, be in writing and subscribed by the party to be charged, or by his lawfully authorized agent...
128 페이지 - There is no doubt that where such an agreement is made, it is competent to show that one or both of the contracting parties were agents for other persons, and acted as such agents in making the contract, so as to give the benefit of the contract on the one hand to, and charge with liability on the other, the unnamed principals...
102 페이지 - Every contract for the leasing for a longer period than one year, .or for the sale of any lands or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made.
446 페이지 - And even when time is not thus either expressly or impliedly of the essence of the contract, if the party seeking a specific performance has been guilty of gross laches, or has been inexcusably negligent in performing the contract on his part; or if there has, in the intermediate period...
100 페이지 - ... upon any agreement that is not to be performed within the space of one year from the making thereof ; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing...
48 페이지 - The discretion which may be exercised in this class of cases is not an arbitrary or capricious one, depending upon the mere pleasure of the court, but one which is controlled by the established doctrines and settled principles of equity. No positive rule can be laid down by which the action of the court can be determined in all cases. In general it may be said that the specific relief will be granted when it is apparent, from a view of all the circumstances of the particular case, that it will subserve...
126 페이지 - How can that be said to be a contract, or memorandum of a contract, which does not state who are the contracting parties ? By this note it does not at all appear to whom the goods were sold. It would prove a sale to any other person as well as to the plaintiffs.
48 페이지 - In general, it may be said that the specific relief will be granted when it is apparent, from a view of all the circumstances of the particular case, that it will subserve the ends of justice ; and that it will be withheld when, from a like view, it appears that it will produce hardship or injustice to either of the parties.
295 페이지 - If a man, having no knowledge whatever on the subject, takes upon himself to represent a certain state of facts to exist, he does so at his peril; and, if it be done either with a view to secure some benefit to himself, or to deceive a third person, he is in law Chap. XXVI. guilty of a fraud, for he takes upon himself to warrant his own belief of the truth of that which he so asserts.
102 페이지 - ... be in writing, and be subscribed by the party by whom the lease or sale is made. unless such agreement, or some note or memorandum thereof, be in writing, and subscribed by the party to be charged therewith: 1. Every agreement that, by its terms, is not to be performed within one year from the making thereof.